§ 26-50. Required.

(a)

No person shall carry on the business of dealer in secondhand goods or junk dealer in the village without having first obtained from the village president, or his designee, a license subject to the provisions of this article authorizing the person to carry on such business.

(b)

An internet drop-off store is exempt from licensure as a secondhand dealer or junk dealer. The term "internet drop-off" store means a person, corporation or firm that contracts with other persons, corporations or firms to offer its personal property or other valuable thing for sale, purchase, consignment or trade through means of an internet website and meets the following conditions:

(1)

Has a fixed place of business within this state, except that he exclusively transacts all purchases or sales by means of the internet and the purchases and sales are not physically transacted on the premises of that fixed place of business.

(2)

Has the personal property or other valuable thing available on a website for viewing by photographs, if available, by the general public at no charge, which website shall be searchable by zip code or state, or both. The website viewing shall include, as applicable, serial number, make, model and other unique identifying marks, numbers, names or letters appearing on the personal property or other valuable thing.

(3)

Maintains records of the sale, purchase, consignment or trade of the personal property or other valuable thing for at least two years, which records shall contain a description, including a photograph, if available, and, if applicable, serial number, make, model and other unique identifying marks, numbers, names or letters appearing on the personal property or other valuable thing.

(4)

Provide the local law enforcement agency with any name under which it conducts business on the website and access to the business premises at any time during normal business hours for purposes of inspection.

(5)

Within 24 hours after a request from a local law enforcement agency, provide an electronic copy of the seller's or consignor's name, address, telephone number, driver license number and issuing state, the buyer's name and address, if applicable, and a description of the personal property or other valuable thing as described in subsection (3) of this section. The provision of information shall be in a format acceptable to the local law enforcement agency, but shall at least be in a legible format and in the English language.

(6)

Provide that payment for the personal property or other valuable thing is executed by means of check or other electronic payment system, so long as the payment is not made in cash. No payment shall be provided to the seller until the item is sold.

(7)

Immediately remove the personal property or other valuable thing from the website if the local law enforcement agency determines that the personal property or other valuable thing is stolen.

(Code 1974, § 54.1; Code 1989, § 18-46; Ord. No. 12-01, § 1, 4-11-2012)

State law reference

Similar provisions, MCL 445.401.